Jagot J
In this matter, the Court considered an application by North East Wiradjuri Co Ltd (NEW Co), supported by NTSCORP Limited (NTSCORP), for orders dismissing a native title determination application lodged by Violet Carr, Elizabeth Ferguson and Joyce William on behalf of the Wellington Valley Wiradjuri People (WVWP).
NEW Co and NTSCORP argued that the application should be dismissed because the applicant was not authorised and/or the claim group is unclear. WVWP opposed the dismissal application.
WVWP claimed that the minutes of the resolutions passed at the claim group authorisation meeting contained a significant error but the consequence was simply that the manner in which the authorisation has been recorded did not ‘reflect the actual decision of the meeting’.
The Court found there was insufficient evidence to infer that the meeting intended to authorise WVWP to file a claim excluding the descendants of Elisabeth Jane Watson as an apical ancestor. Jagot J noted that the only decision which the meeting did make, to authorise WVWP to file a claim on behalf of a group including the descendants of Elisabeth Jane Watson, also may not have been intended.
Given the importance of authorisation, the Court held that WVWP's application must be summarily dismissed.
New Co argued that WVWP had conducted themselves unreasonably in failing to address the problems with authorisation disclosed by the evidence. The Court disagreed and refused to make a costs order.
Orders
The proceedings be dismissed and each party bear their own costs.